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(영문) 인천지방법원 부천지원 2012.12.26 2012고단1578

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B and C are operators who jointly operate the “E” on the second floor of the building located in Kimpo-si, and the Defendant is a person in charge of business and management, and F is an employee in charge of money exchange and customer care.

When entering into a lease agreement on the above game room, the Defendant agreed to make the lessee enter the name holder and attract customers to play a role of exchanging the game in the game room, and receive 15% of the profit from the above B, etc.

B and C, unlike the time of being rated in the aforementioned “E” from February 20, 2010 to March 20, 2010, unlike the time of being rated in the above “E”, set up 40 games for “fishing” with added smoke functions, and allow customers to use their game products in their name, and if customers obtain premiums according to examples and chain functions, they would make 4,500 won per gift through F, and the Defendant would encourage C to make a guest to see theme game site, and to lend the name to C and the lessee at the time of concluding a lease contract, and to attract customers to make a game, receive 15% profit from C in return for managing the operation teams such as guidance of customers in the game room, money exchange or other customers, and to make a gift free in accordance with the example and chain functions, and to 80,000 won per gift and in return for money exchange and prescription of customers.

As a result, in collusion with B and C, the Defendant provided game products with contents different from the rating classification, and exchanged tangible and intangible results obtained through the use of game products, and had them engage in gambling and other speculative acts using game products.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against F, C, or B;

1. Statement of the police against C and B;

1. Application of seizure records and on-site photographs statutes;

1. Relevant Article of facts constituting a crime and Article 45 subparag. 4 and Article 32 of the Act on the Selection of Punishment and Promotion of Game Industry;